Dismissed

Muhammed Jashim v. Muhammedali

Kerala HC12 Oct 2023OP (FC)/372/2023

Case brief

AI extract

What is this about?

The High Court disposed of a petition challenging an order directing the father to produce the minor child for interaction with the mother. Finding the petitioner complied with the impugned order and the mother's leaves earlier, the petition was closed with liberty to raise contentions later.

What did the court decide?

Petition closed with the liberty of the petitioner to raise her contentions later.

Muhammed Jashim Vs Muhammedali — Child Custody and Guardianship | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

¶5

THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
OP (FC) NO. 372 OF 2023

¶6

AGAINST THE ORDER/JUDGMENT OP 921/2022 OF FAMILY COURT, MALAPPURAM PETITIONER/RESPONDENTS/RESPONDENT:

¶7

1MUHAMMED JASHIM
AGED 34 YEARS, S/O. ABDUL JALEEL,
PUTHALATH HOUSE, PALAPARAMBU, VADAPURAM P.O.,
NILAMBUR TALUK, MALAPPURAM DISTRICT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND FATHER,
SRI. ABDUL JALEEL, S/O.MUHAMMED, PUTHALATH HOUSE,
PALAPARAMBU, VADAPURAM P.O., NILAMBUR TALUK,
MALAPPURAM DISTRICT, PIN – 676542

¶8

2ABDUL JALEEL
AGED 61 YEARS, S/O.MUHAMMED,
PUTHALATH HOUSE, PALAPARAMBU, VADAPURAM P.O.,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN – 676542

¶9

3SHAHANAS PULLOTH
AGED 55 YEARS, W/O. ABDUL JALEEL,
PUTHALATH HOUSE, PALAPARAMBU, VADAPURAM P.O.,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN – 676542

¶10

BY ADVS.
P.B.SUBRAMANYAN
P.B.KRISHNAN
MANU VYASAN PETER
SABU GEORGE

¶11

RESPONDENTS/PETITIONERS/PETITIONER:

¶12

1MUHAMMEDALI
AGED 65 YEARS, S/O. MAMMADUNNI,
M.A. HOUSE, THOTTIMMAL, PATHANAPURAM, KIZHPARAMBU P.O.,
ERNAD TALUK, MALAPPURAM., PIN – 673639

¶13

OP (FC) NO. 372 OF 2023

¶14

¶15

2N.V.AYISHA
AGED 60 YEARS
W/O. MUHAMMEDALI, M.A. HOUSE, THOTTIMMAL,
PATHANAPURAM, KIZHPARAMBU P.O., ERNAD TALUK,
MALAPPURAM, PIN – 673 639

¶16

3ANEESA
D/O. MUHAMMEDALI, AGED 29 YEARS
M.A. HOUSE, THOTTIMMAL, PATHANAPURAM,
KIZHPARAMBU P.O., ERNAD TALUK,
MALAPPURAM., PIN – 673639

¶17

BY ADV P.C SASIDHARAN

¶18

THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶19

OP (FC) NO. 372 OF 2023

JUDGMENT

Amit Rawal, J.

Present petition is directed against the order

¶24

whereby direction was given to husband to permit the minor child to interact with the mother. This Court on 30.09.2023

¶25

passed the following order:

¶26

“Heard the learned counsel on either side.

¶27

We have also perused the records as well as the orders passed by the Family Court.

¶28

Having considered the contentions advanced and in view of the fact that the learned counsel for the 3rd respondent submits that the 3rd respondent is presently in the country and has to leave the country to her place of work on 09.10.2023, there will be a direction to the 1st petitioner in the O.P.(FC) to produce the child, Airin Ishara, before the Family Court, Malappuram for an interaction with the mother on or before 05.10.2023 with prior intimation to the mother of the child. The 3rd respondent shall make available her mobile number or other necessary contact details to the petitioner for this purpose.

¶29

In case the child requires any counselling, such

¶30

OP (FC) NO. 372 OF 2023

¶31

¶32

counselling shall be arranged by the Family Court, to see that the child is in a position to interact with the mother. Post on 06.10.2023. “

¶33

Learned counsel for the petitioner submits that her client has complied with the order and prays for closure of the petition by leaving the contentions open. Petitions are ordered to be closed with the liberty aforementioned.

Sd/-

AMIT RAWAL JUDGE

Sd/-

C.S. SUDHA JUDGE

nak

OP (FC) NO. 372 OF 2023

¶40

¶41

APPENDIX OF OP (FC) 372/2023

¶42

PETITIONER EXHIBITS

¶43

Exhibit P1TRUE COPY OF O.P.NO.921 OF 2022 ON THE
FILE OF THE FAMILY COURT, MALAPPURAM,
DATED 19-08-2022
Exhibit P2TRUE COPY OF THE COUNTER IN O.P.NO.921 OF
2022 ON THE FILE OF THE FAMILY COURT,
MALAPPURAM, DATED 7-10-2022
Exhibit P3TRUE COPY OF THE COMMON ORDER IN I.A.NO.2
OF 2022 AND I.A.NO.3 OF 2022 IN
O.P.NO.921 OF 2022 ON THE FILE OF THE
FAMILY COURT, MALAPPURAM, DATED 7-12-2022
Exhibit P4TRUE COPY OF I.A.NO.5 OF 2023 IN
O.P.NO.921 OF 2022 ON THE FILE OF THE
FAMILY COURT, MALAPPURAM, DATED 2-3-2023
Exhibit P5TRUE COPY OF I.A.NO.6 OF 2023 IN
O.P.NO.921 OF 2022 ON THE FILE OF THE
FAMILY COURT, MALAPPURAM, DATED 15-03-
2023
Exhibit P6TRUE COPY OF THE COUNTER IN I.A.NO.6 OF
2023 IN O.P.NO.921 OF 2022 ON THE FILE OF
THE FAMILY COURT, MALAPPURAM, DATED 21-
03-2023
Exhibit P7TRUE COPY OF THE ORDER IN I.A.NO.6 OF
2023 IN O.P.NO.921 OF 2022 ON THE FILE OF
THE FAMILY COURT, MALAPPURAM, DATED 4-4-
2023

Muhammed Jashim v. Muhammedali

Case brief

What is this about?

What did the court decide?

Muhammed Jashim v. Muhammedali

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Babymon. K Vs Shyja K.P

Babymon.K Vs Shyja K.P

Jayaprakash K Vs Satheerth Ram Prakash (Minor)

Kollam Polayathodu Pareediya Masjid Muslim Jama-Ath Vs Muhammed Rafeek

Kollam Polayathodu Pareediya Masjid Muslim Jama-Ath Vs Muhammed Rafeek

Santhosh Kumar.O.G., Vs Smrithi S.Kurup